REVOCATION OF WILLS

Question 1

Revocation of Wills Checklist

Answer 1

• Revocation by Physical Act
  
  • Lost Wills are Presumed Revoked
• Revocation by Subsequent Instrument
• Revocation by Operation of Law
• Revocation of Codicil

Question 2

Revocation by Physical Act

Answer 2

A will or codicil can be revoked, fully or partially, by physical act if the testator, or another in the testator’s presence and by her direction, burns, tears, cancels, destroys, crosses out, or obliterates it with the testator’s intent to revoke.

If duplicates to a will exist, destroying one serves to destroy all duplicates.

Question 3

Lost Wills are Presumed Revoked

Answer 3

If a will, or its duplicate, cannot be found when the testator dies, a rebuttable presumption arises that the testator revoked the will by physical act.

The will’s proponent can rebut with clear and convincing evidence that the will exists.

Question 4

Revocation by Subsequent Instrument

Answer 4

A testator can revoke a will or codicil, fully or partially, by implementing a valid subsequent will or codicil.

The revocation can be expressly stated in the subsequent instrument or implied through inconsistencies.

Oral revocations are invalid.

Question 5

Revocation by Operation of Law

Answer 5

All provisions the will benefiting a former spouse or domestic partner are automatically revoked upon divorce or dissolution of the domestic partnership unless it can be demonstrated that the testator’s intent was for the provisions to survive.

Question 6

Revocation of Codicil

Answer 6

The revocation of a will effectively revokes all its subsequent codicils, while the revocation of a codicil revives the pre-existing or underlying will.